Understanding the Waqf (Amendment) Act, 2025
A Bold Step Toward Inclusive, Transparent, and Accountable Waqf Governance in India.
Introduction: Why This Matters Now
India is home to one of the world's most intricate networks of religious endowments — the Waqf system. With over 8.7 lakh Waqf properties sprawling across 9.4 lakh acres, these assets are meant to serve noble causes like education, healthcare, and welfare. But historically, their management has been clouded in opacity, disputes, and encroachment allegations.
The Waqf (Amendment) Act, 2025, officially titled the Unified Waqf Management, The Empowerment, Efficiency and Development (UWMEED) Act, is India's most ambitious reform in this sector since the Waqf Act of 1995. It promises a 21st-century revamp: digital transparency, gender inclusion, secular administration, and legal safeguards.
Let's break it all down.
What is Waqf?
Waqf refers to the voluntary, permanent dedication of one's property (movable or immovable) for religious, charitable, or pious purposes under Islamic law. Once a property becomes Waqf:
- Its ownership transfers from the donor (Waqif) to God
- It's managed by a Mutawalli (caretaker)
- It can be used to support mosques, madrasas, schools, hospitals, orphanages, or even the poor
Waqf, in essence, is the Islamic counterpart of a public charitable trust.
But with great assets come great responsibilities — and controversies.
Let's spill out some facts :
- India has over 8.7 lakh Waqf properties.
- It is the largest Waqf holder in the world, even more than Islamic Countries.
- These properties span 9.4 lakh acres, estimated to be worth ₹71.2 lakh crore.
- Waqf boards are the third-largest landholders in India, after the Indian Armed Forces and the Indian Railways.
| Metric | Value |
|---|---|
| Total Waqf Properties | 8.72 lakh |
| Total Land Area | 9.4 lakh acres |
| Estimated Asset Value | ₹71.2 lakh crore |
| Properties Claimed via Usage (Invalid Now) | 4.02 lakh |
| Govt. Land Wrongfully Claimed as Waqf | 5,973 cases in 25 states/UTs |
(Source: Ministry of Minority Affairs, Press Information Bureau)
This monumental responsibility rests with Waqf Boards—bodies that are supposed to manage these properties efficiently and ethically. But over the years, the system has become riddled with ambiguities, misuse, exclusion, and lack of transparency
Key Problems That Triggered the Amendment
- Government properties being wrongfully claimed as Waqf.
- No central database of Waqf properties.
- Disputes regarding property ownership and usage.
- Lack of representation of women and minority sects.
- Slow and biased conflict resolution mechanisms.
These challenges set the stage for the Waqf (Amendment) Bill 2024, which was passed as the Waqf (Amendment) Act, 2025, in April this year.
What's New in the Waqf (Amendment) Act, 2025?
Let's explore the key reforms introduced by the Act, structured around five major pillars:
1. Property Declaration: Who Can Declare Waqf Now?
| Provision | 1995 Act | 2025 Amendment |
|---|---|---|
| Who can declare a Waqf? | Declaration, User (Alal), Endowment (Aulad) | Only Declaration and Endowment are allowed |
| User-based declaration (Alal) | Valid | Removed due to misuse |
| Donor religious criteria | Not specified | Must be a practicing Muslim for at least 5 years |
| Women's rights in inheritance | Not defined | Female heirs must be included |
Impact: Prevents misuse of land through "customary usage" claims and protects women's rights.
2. What About Government Land?
| Provision | 1995 Act | 2025 Amendment |
|---|---|---|
| Claim over government land | No clear stance | Invalid claims to be reverted to the government |
| Adjudicating authority | Waqf Board | District Collector |
Impact: Protects public infrastructure like hospitals and schools from wrongful claims.
3. Representation & Inclusion: A Big Leap Forward
| Provision | 1995 Act | 2025 Amendment |
|---|---|---|
| Non-Muslim representation | None | At least 2 non-Muslims required |
| Muslim women | Minimum 2 | Minimum 2 retained |
| Sect diversity | Not specified | Must include Shia, Sunni, Backward Muslims, Bohra, and Agakhani |
Impact: A significant move toward secular governance and inclusivity in religious trusts.
4. Tribunal Reforms
| Provision | 1995 Act | 2025 Amendment |
|---|---|---|
| Composition | District Judge, ADM, Muslim law expert | District Judge + Joint Secretary (State Govt) |
| Appeal rights | Allowed only in special cases in the High Court | Appeals allowed within 90 days post-order |
Impact: Faster, fairer resolution of legal conflicts.
5. Digital Overhaul: Welcome to the Age of WAMSI
The Act mandates a full-scale digitization of Waqf property records using the Waqf Assets Management System of India (WAMSI) portal.
Key Features:- All Waqf properties are to be uploaded to a central portal within 6 months of the law's enactment.
- Backed by the WAMSI portal (https://wamsi.nic.in)
- Accessible to collectors, boards, and the public.
Impact: Creates transparency and blocks fraudulent land claims.
So, What Does This Mean for India?
The Waqf (Amendment) Act, 2025 is more than just a legal document—it's a blueprint for inclusive governance in a multi-faith democracy. It ensures:
- Clarity in land ownership
- Gender and sect diversity in administration
- Technology-driven transparency
- Legal protection for state and private properties
- Accountability of Waqf Boards to the public
India is showing that tradition and modernity can coexist, and that faith-based institutions can operate in a framework of secular law, transparency, and social equity
Why This Amendment Matters: Social, Legal & Economic Impacts
- Transparency & Accountability: Central registry means no hiding or manipulating land titles.
- Women's Empowerment: Mandating the inclusion of Muslim women on all boards.
- Secularism: Ensuring representation of non-Muslims in governance.
- Heritage Protection: Clear guidelines to protect ancient sites from illegal encroachments.
- Faster Resolution: Tribunals are restructured to reduce political and religious bias.
The Road Ahead: Challenges & Opportunities
While the Act is comprehensive, its implementation will require:
- Coordination across state governments and local collectors.
- Rapid digitization and mapping of Waqf properties
- Training of officials to handle religious and cultural sensitivities.
- Public awareness campaigns to educate citizens about their rights and duties.
Conclusion: A Reform Rooted in Justice and Equality
The Waqf (Amendment) Act, 2025 is not just a legislative upgrade — it's a reimagining of how religious assets are managed in a secular democracy. For a country as diverse as India, where religion, land, and law intersect in complex ways, this reform is a landmark shift toward equity, accountability, and inclusive growth. As students and future policymakers, we at PPGS, IIT Kharagpur, recognize the significance of such reforms in shaping a more just society. Let us stay informed, engaged, and inspired to contribute meaningfully to these dialogues.